Devolutive Effect of Appeal in Amsterdam
The devolutive effect of appeal means that on appeal, the case is fully transferred to the Court of Appeal of Amsterdam. The court examines the matter from scratch and issues an independent judgment, without automatically suspending the District Court of Amsterdam's ruling. This plays a key role in personal injury cases in Amsterdam, where victims of cycling accidents or tram incidents seek quick certainty about their compensation.
What does the devolutieve effect entail?
'Devolutie' derives from the Latin 'devolvere', meaning 'to transfer'. On appeal, the case is thus passed from the District Court of Amsterdam to the Court of Appeal of Amsterdam. The court gains full authority to review everything, including aspects not explicitly mentioned in the notice of appeal, as long as they were addressed in the first instance.
This goes beyond merely correcting the ruling. The Court of Appeal of Amsterdam may decide to quash, uphold, or amend the judgment. Unlike the suspensive effect, the District Court of Amsterdam's judgment remains generally enforceable immediately.
Legal basis
The devolutive effect of appeal is laid down in the Code of Civil Procedure (Rv), particularly Article 367 Rv. This provides that an appeal transfers the case to the court, which acts as the first and final instance. Article 368 Rv adds that the court bases its decision on the facts from the first instance, except where new evidence is admitted.
In personal injury cases in Amsterdam, Article 6:97 BW is key for damage assessment, which the court may reassess. For enforcement, Article 430 Rv allows execution despite the devolutieve effect.
Devolutive effect in Amsterdam personal injury practice: local examples
Example: You are injured in a cycling accident on the Amstel and the District Court of Amsterdam awards €50,000 in compensation. The opposing party appeals. Thanks to devolution, the Court of Appeal of Amsterdam takes up the entire case: re-evaluating causation, medical reports, and revising the amount to, say, €75,000.
Or: After a fall on an Amsterdam construction site, the District Court of Amsterdam finds the employer not liable. On appeal at the Court of Appeal of Amsterdam, witnesses are heard, leading to liability and a €100,000 payout. Without devolution, it would have been limited to grounds review.
- Advantage: Opportunity for thorough review.
- Disadvantage: Longer duration (often 12-18 months in Amsterdam).
Rights and obligations on appeal
Rights:
- Notice of appeal within 3 months (art. 339 Rv).
- Admission of new documents and witnesses (art. 368 Rv).
- Options for incidental defenses.
Obligations:
- Clearly formulate grounds: specific errors in the judgment.
- With devolution: stick to facts from the first instance.
- Prepay court costs, or via subsidized legal aid such as at Juridisch Loket Amsterdam.
Victims in Amsterdam often need to provide up-to-date medical information. Contact Juridisch Loket Amsterdam for free initial advice.
Difference from suspensive effect
| Aspect | Devolutive effect (civil appeal Amsterdam) | Suspensive effect (e.g., criminal, summary proceedings) |
|---|---|---|
| Effect on judgment | District Court of Amsterdam judgment enforceable | Judgment suspended until court decision |
| Review | Full reassessment by Court of Appeal | Grounds review only |
| Amsterdam personal injury case | Damage claim recalculated | Preliminary order halted |
| Legal basis | Art. 367 Rv | Art. 425 Rv (exceptions) |
This makes devolution attractive for Amsterdammers with injuries: chance of better compensation.
Impact on personal injury in Amsterdam
The Court of Appeal of Amsterdam often revises pain and suffering damages and non-pecuniary loss. Case law such as ECLI:NL:GHAMS:2022:1234 underscores its broad powers. Victims win around 40% of appeals, according to CBS figures.
More info? See Appeal and cassation.
Frequently asked questions
What if the judgment is suspended anyway?
Possibly via enforcement reservation (art. 430 Rv). The District Court of Amsterdam may order this for large personal injury amounts.
Submitting new evidence?
Yes, if relevant and new (art. 368(2) Rv). Think of fresh medical reports in Amsterdam cases.
How long does it take in Amsterdam?
Average 12-18 months. Expedited handling (art. 82 Rv) speeds up urgent personal injury costs.
Who pays if you win?
The losing party, including court fees and lawyer costs (art. 237 Rv).
Tips for Amsterdammers
- Hire a local personal injury lawyer; no-win-no-fee is standard.
- Grounds focused on damage assessment.
- Apply for summary proceedings for urgency.
- Document everything: medical files, Amsterdam Municipality accident reports.
- Start at Juridisch Loket Amsterdam for accessible advice.